Gavin Howe
In the United States, the Federal Election Commission (FEC) is the regulatory agency charged with administering and enforcing federal campaign finance law. The FEC was created by the United States Congress in 1975 to enforce and clarify campaign finance laws, following reports of serious financial abuses in the 1972 presidential campaign. The FEC has jurisdiction over the financing of campaigns for the US House, Senate, Presidency, and Vice Presidency. The FEC administers federal campaign finance laws, but it does not have jurisdiction over laws relating to ballot access, voter fraud, and intimidation.
| Characteristics | Values |
|---|---|
| Name | Federal Election Commission (FEC) |
| Established | 1975 |
| Type of Agency | Independent regulatory agency |
| Jurisdiction | Covers financing of campaigns for the U.S. House, Senate, Presidency, and Vice Presidency |
| Purpose | Administering and enforcing federal campaign finance law |
| Key Responsibilities | Public disclosure of funds, restrictions on contributions and expenditures, public financing of presidential campaigns |
| Notable Laws Addressed | Bipartisan Campaign Reform Act (BCRA), also known as McCain-Feingold Act |
| Notable Cases | Buckley v. Valeo (1976), Citizens United v. Federal Election Commission (2010) |
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What You'll Learn
The Federal Election Campaign Act (FECA) of 1971
FECA established limits on candidate spending, on contributions of individuals and Political Action Committees (PACs) to candidates, parties, or political committees, and on the amount of money candidates could spend on their own campaigns. It also introduced outright bans on certain corporate and union contributions, speech, and expenditures.
FECA was amended in 1974 following the Watergate scandal, creating the Federal Election Commission (FEC) to enforce and clarify campaign finance laws. The FEC is an independent regulatory agency that administers and enforces federal campaign finance law. The 1974 amendments also set limits on contributions by individuals, political parties, and PACs.
FECA has been amended several other times, including in 1976 after the Supreme Court struck down several provisions as unconstitutional in Buckley v. Valeo, and again in 1979 to allow parties to spend unlimited amounts of hard money on activities like increasing voter turnout and registration. The most recent major amendment to FECA was in 2002 by the Bipartisan Campaign Reform Act (BCRA), which banned soft-money contributions to national parties and restricted "electioneering communications" by advocacy groups.
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The Bipartisan Campaign Reform Act (BCRA) of 2002
The BCRA amended the Federal Election Campaign Act (FECA) of 1971 and the Communications Act of 1934, among other provisions, to prohibit federal candidates from using corporate and union funding for television ads within 30 days of a primary election and 60 days of a general election. This was known as the "electioneering communication" provision. The Act also banned the use of soft money, which refers to unregulated contributions, by national political parties and restricted the role of interest groups in funding political advertising.
The BCRA was sponsored by Senators John McCain and Russ Feingold, with McCain's 2000 presidential campaign and the Enron scandal bringing the issue of campaign finance reform into the public consciousness. The Act faced legal challenges, with the Supreme Court ruling on various provisions, including the "millionaire's amendment," which allowed candidates with self-funded opponents to exceed contribution limits. While some provisions were struck down, the Court upheld the BCRA's disclaimer and disclosure provisions, ensuring transparency in campaign finances.
The Bipartisan Campaign Reform Act of 2002 represented a significant effort to regulate campaign finances and reduce the influence of corporations and unions on political campaigns in the United States. It continues to shape the landscape of campaign financing, despite ongoing debates and legal challenges surrounding campaign finance reform.
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The Federal Election Commission (FEC)
The FEC has exclusive jurisdiction over the civil enforcement of federal campaign finance law, with the power to impose penalties for violations. The Commission's Alternative Dispute Resolution (ADR) program and the Administrative Fine Program are two mechanisms in place to handle enforcement cases and assess penalties for late or non-filed reports. The FEC's jurisdiction covers the financing of campaigns for the U.S. House, Senate, Presidency, and Vice Presidency.
Federal campaign finance law covers three broad subjects: public disclosure of funds raised and spent to influence federal elections, restrictions on contributions and expenditures made to influence these elections, and the public financing of presidential campaigns. The FEC requires federal political committees to file periodic campaign finance reports disclosing their receipts and disbursements.
The creation of the FEC was a response to serious financial abuses in the 1972 presidential campaign. Before the FEC, campaign finance laws were addressed to specific types of contributors, barring federal employees, corporations, and labour unions from making contributions to candidates. However, this led to the formation of political action committees (PACs) by unions and corporations, which aggregated voluntary contributions from individuals or employees. The FEC was established to enforce and clarify campaign finance laws, setting limits on candidate spending and contributions from individuals and PACs.
The FEC does not have jurisdiction over laws relating to voting, voter fraud and intimidation, ballot access, or the Electoral College. Instead, these matters are handled by the appropriate federal or state agencies.
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The McCain-Feingold Act
The Bipartisan Campaign Reform Act of 2002, commonly known as the McCain-Feingold Act, is a United States federal law that amended the Federal Election Campaign Act of 1971. The law, sponsored by senators John McCain and Russ Feingold, sought to address two key campaign finance issues: soft money and issue advocacy. Soft money refers to unregulated contributions to national political parties, often from corporations, unions, and wealthy individuals.
The Act also addressed issue advocacy, or "electioneering communications," by advocacy groups. These are political advertisements that do not explicitly support or oppose a candidate but are designed to influence an election. The McCain-Feingold Act sought to limit such communications by restricting their timing and content. However, the Supreme Court again ruled that these restrictions violated the First Amendment, striking down the relevant provisions.
The passage of the McCain-Feingold Act was a significant development in campaign finance reform, an issue that has long been contentious in American politics. The Act sought to reduce the influence of soft money and increase transparency in campaign financing. While it faced legal challenges, the Act represented an important effort to regulate the role of money in political campaigns.
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State laws and ballot access
Ballot access laws in the United States vary from state to state. The Elections Clause in Article I of the Constitution gives each state the power to set its own ballot access criteria. This means that candidates, political parties, or ballot measures must meet various requirements to get on the ballot, and these requirements differ across states.
State access requirements for candidates often relate to their personal qualities, such as minimum age, residency, and citizenship. Many states also require prospective candidates to collect a specified number of signatures from qualified voters on petitions of support and pay filing fees before they are granted ballot access.
The number of signatures required on a petition for a presidential candidate to obtain ballot access varies by state. Some states provide alternative mechanisms for organizations to qualify to nominate candidates, such as by filing a petition or having a certain number of affiliated voters. Additionally, all states have a procedure for independent candidates to obtain ballot access.
Alabama, for example, nominates major party candidates through the state primary process, although this is not a requirement. Independent candidates in Alabama are granted ballot access through a petition process, while minor political party candidates are nominated by convention along with a petition process. To obtain statewide ballot access, one must collect 3% of the total votes cast in the last election for a specific race or 3% of the total votes cast in the last gubernatorial election.
Proponents of more open ballot access argue that restricting ballot access limits voters' choices and disadvantages third-party and unaffiliated candidates. Critics of restrictive ballot access laws, such as the Organization for Security and Co-operation in Europe (OSCE), point to the Copenhagen Document of the Helsinki Accords, which states that citizens have the right to seek political or public office without discrimination.
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Frequently asked questions
The Federal Election Campaign Act of 1971 replaced existing federal campaign finance laws and required campaigns to file quarterly disclosure reports of contributions and expenditures.
The Federal Election Commission is the independent regulatory agency charged with administering and enforcing the federal campaign finance law. The FEC opened its doors in 1975.
The Bipartisan Campaign Reform Act of 2002, also known as "McCain–Feingold", prohibited unregulated contributions (or "soft money") to national political parties and limited the use of corporate and union money to fund ads discussing political issues within 60 days of a general election or 30 days of a primary election.
The Franchise Tax Board regularly performs audits on political campaign finance statements to ensure the transparency of political campaign finances in the state of California.
